Do you have to disclosue a Murder-Suicide or Death in A Home

Court Says Seller Has No Duty to Disclose Murder-Suicide

Gina Passarella, The Legal Intelligencer
July 23, 2014
The occurrence of a murder-suicide in a home does not create a material defect that must legally be disclosed to a potential buyer, the state Supreme Court ruled Monday in a case of first impression.
“Regardless of the potential impact a psychological stigma may have on the value of property, we are not ready to accept that such constitutes a material defect,” Justice J. Michael Eakin said for the court in a case out of Delaware County. “The implications of holding that nondisclosure of psychological stigma can form the basis of a common-law claim for fraud or negligent misrepresentation, or a violation of the UTPCPL’s catch-all … are palpable, and the varieties of traumatizing events that could occur on a property are endless.”
The case stemmed from the sale of a home in Thornton, Pa.
While certain events may be disturbing to the population and may cause some people not to want to live in a home where those events occurred, Eakin said the events don’t cause a defect in the structure itself.
“The occurrence of a tragic event inside a house does not affect the quality of the real estate, which is what seller disclosure duties are intended to address,” Eakin said. “We are not prepared to set a standard under which the visceral impact an event has on the populace serves to gauge whether its occurrence constitutes a material defect in property. Such a standard would be impossible to apply with consistency and would place an unmanageable burden on sellers, resulting in disclosures of tangential issues that threaten to bury the pertinent information that disclosures are intended to convey.”
Eakin asked where the line would be drawn in terms of what should be disclosed and what should not. He asked whether a bloodless death by poisoning or an overdose would be a less significant defect than someone dying from a stabbing or a shooting. He asked how crimes such as rape or child abuse would be treated under the disclosure rules if applied as the buyer in Milliken v. Jacono asked.
Eakin took the hypothetical a step further, pondering what would happen if a crime didn’t happen in a house, but a killer lived there.
“Moreover, considerations such as the time that has passed since the event, and changes and renovations made to the property, have a significant effect on the impact of the event,” Eakin said. “Some graphic events, having matured into historical curiosities, may even increase the value of the property.”
Eakin said granting the remedy appellant-homebuyer Janet S. Milliken is seeking—the rescission of the contract and repayment of any associated costs—is extreme, particularly given her own expert said the value usually returns to normal within three to seven years. Eakin further noted it is nearly impossible to assign a monetary value to psychological stigmas.
Milliken also had a suspicion about the previous property owners and had the tools to research the “well publicized” murder-suicide that took place on the property, Eakin said. But Milliken failed to do that and bought the property anyway, he said.
Eakin was joined in his opinion by Chief Justice Ronald D. Castille and Justices Thomas G. Saylor, Max Baer, Seamus P. McCaffery and Correale F. Stevens. Justice Debra M. Todd filed a concurring opinion that Stevens joined.
Todd noted that Milliken’s claims for misrepresentation “rise and fall” on whether a murder-suicide was a material defect. Todd agreed with the majority that such an occurrence is not a material defect requiring disclosure.
Milliken sued sellers Kathleen and Joseph Jacono and broker RE/MAX for claims of fraud, negligent misrepresentation and Unfair Trade Practices and Consumer Protection Law violations. A Delaware County Court of Common Pleas judge threw out her claims on summary judgment.
In November 2011, a split three-judge panel of the Superior Court ruled that a jury should decide whether the sellers of the $610,000 home had a duty to tell Milliken about the murder-suicide. However, a divided en banc panel reversed the ruling in December 2012, holding that a murder-suicide does not constitute a material defect to real estate requiring disclosure under the Real Estate Seller Disclosure Law.
The Jaconos had purchased the property from the estate of the man who, in 2006, killed his wife in the home and then killed himself, Eakin said in his opinion. The murder-suicide was highly publicized in the local media and on the Internet, Eakin said.
After investing in renovations, the Jaconos put the property up for sale in 2007 and informed their listing agents at RE/MAX of the murder-suicide. The Jaconos consulted with their real estate agent, an attorney and representatives of the Pennsylvania Real Estate Commission about whether the event was a material defect requiring disclosure. The attorney and commission representatives said it was not. While the agents suggested it may just be good to disclose the event and “‘get it out there,'” the Jaconos decided not to disclose it, Eakin said.
Milliken lived in California and was unable to talk to any of the neighbors prior to purchasing the property. She learned of the event from one of the neighbors after moving into the home, Eakin said.
Timothy F. Rayne of MacElree Harvey represented Milliken. Abraham C. Reich of Fox Rothschild represented RE/MAX and Glen Mills, Pa.-based sole practitioner J. Scott Watson represented the Jaconos.
“I think Justice Eakin properly realized the slippery slope that would occur by concluding that a psychological stigma could impact the value of property and therefore constitute a material defect,” Reich said. “The legislature spoke when it enacted the real estate disclosure law and enumerated items that were required to be disclosed, all relating to physical items relating to the property or items impacting the title.”
Reich said it is for the legislature to define which if any psychological events should require disclosure, which he said some states have done.
Rayne and Watson did not return calls seeking comment.
Gina Passarella can be contacted at 215-557-2494 or at Follow her on Twitter @GPassarellaTLI.
Gina Passarella
Senior Staff Reporter & Special Projects Editor
The Legal Intelligencer
1617 JFK Blvd., Suite 1750, Philadelphia, PA 19103
T: 215-557-2494| F: 215-557-2301
Follow me on Twitter @GPassarellaTLI

Connection Title Agency of NJ, LLC launches new title site for consumers and real estate pros



Contact: Kevin Bayzath

Phone: (856) 988-1800


MARLTON (June 4) – Connection Title Agency of NJ, one of South Jersey’s leading title insurance and settlement services agencies, has launched a new website designed for the convenience of customers and real estate professionals alike.

Established in 2006 by local real estate entrepreneur Christopher J. Brown, Connection Title has redesigned and reintroduced its website. The new internet portal is built around the agency’s three business goals of:

n Using the latest technology to simplify and speed-up the title and settlement process.

n Decreasing costs by performing tasks more efficiently and streamlining procedures.

n Maintaining transparency by allowing buyers, sellers, Realtors, lenders and attorneys to follow their transactions online in real time.

“Our experienced staff works hard every day to provide the highest level of customer service possible to our customers as well as to the real estate and financial professionals who trust us with their residential and commercial transactions,” said Brown, CEO of Connection Title.

The agency, with offices in Burlington and Gloucester County, offers South Jersey residents a customer-focused, stress-free way to buy and sell property. Connection Title works closely with clients to navigate each real estate transaction through the complex title and closing process. Every customer is treated as a valued individual and has 24/7 phone, text and email access to their personal closing agent.

Connection Title’s highly skilled professionals also keep Realtors, lenders and attorneys up to date on their pending sales and purchases. There’s no need to constantly check on deals as Connection Title staffers provide constant updates as every new transaction milestone is reached.

The website provides detailed explanations of title insurance coverage and how the closing and settlement process works. There’s also information about For Sale By Owner transactions and a section on how Realtors and lenders can build their real estate-related business with exclusive online sales, marketing and research tools.

“Whether you are a buyer, a seller or a real estate professional,” Brown said, “Connection Title Agency is your partner for success.”

The Connection Title Burlington County office is at 1000 Lincoln Drive East, Suite Two, Marlton, NJ 08053 (Phone: 856-396-6573, Fax: 856-396-6786). The Gloucester County office is at 4201 Route 42 East, Turnersville, NJ 08080 (Phone: 856-827-4127, Fax: 856-827-4129). Both Connection Title offices are open Monday thru Friday 9 a.m. to 5 p.m. and are available on the web at

ON USA’s Ris Media “TOP 500” AGENCY LIST

Thank You South Jersey for making us the number #1 RE/MAX Company for Units Sold in 2011, 2012 & 2013 and putting us (for the 2nd year in a row) the 26th Annual Ris Media Top 500 US Power Brokers Report.
Contact: Kevin Bayzath or Brenda Richmond
Phone: (856) 988-1800
Email: or
MARLTON (May 19) – RE/MAX Connection Realtors, New Jersey’s number one-ranked RE/MAX real estate company for three-straight years, has moved up the list of the Top 500 real estate agencies in the country in the 26th Issue of the Ris Media Top US 500 Power Brokers.
The three RE/MAX Connection offices – in Marlton, Mantua and Turnersville – successfully closed 1,717 transactions in 2013 and placed 407th among all real estate agencies in the USA in the 26th annual “Top Power Broker” survey conducted by RIS Media, publishers of the industry’s leading publication, Real Trends magazine.
This year’s ranking of 407th was up 44 spots from the company’s 451st position on the 2012 “Top Power Broker” list based on the previous year’s 1,396 transactions. RE/MAX Connection also is the only New Jersey-based RE/MAX agency on this most current national Top 500 list.
“We always say the best Realtors in the state work at RE/MAX Connection,” said agency CEO Christopher J. Brown, “and it’s their dedication to customer service and commitment to exceed the needs of their clients that makes this high national ranking possible.”
“When you add up our more than 100 real estate professionals, our experienced sales support staff and the proven sales tools and techniques of RE/MAX International, it’s a winning combination for South Jersey residents looking to buy and sell property,” Brown said.

The year 2013 was the third-straight year of solid, steady growth for RE/MAX Connection as the agency’s three offices – in Marlton, Burlington County and in Mantua and Turnersville, Gloucester County – combined to close more real estate transactions than any other RE/MAX operation in the state.  In 2013, RE/MAX Connection closed on 1,717 units, up from both its state-leading total of 1,396 in 2012 and the number-one amount of 1,122 in 2011.
 Also in 2013, the RE/MAX Connection Turnersville operation was number two in the state in units closed for individual offices with the Marlton operation finishing seventh in units.

RE/MAX Connection – Turnersville is at 5701 Route 42, Turnersville, NJ  08012. Phone: 856-228-7990. Fax: 856-228-4433.
RE/MAX Connection – Marlton is located at 1000 Lincoln Drive East, Suite Two, Marlton, NJ 08053. Phone: (856) 988-1800. Fax: (856) 988-8020. 
RE/MAX Connection – Mantua is located at 140 Bridgeton Pike, Mantua, NJ  08051. Phone: (856) 415-1210. Fax: (856) 415-1291. 
All three offices are on the web at